Common use of Representation and Agreement Clause in Contracts

Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws.

Appears in 193 contracts

Samples: Letter Agreement (Axon Enterprise, Inc.), Letter Agreement (Semtech Corp), Letter Agreement (Semtech Corp)

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Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws, except as described in Section 9(m) hereof.

Appears in 7 contracts

Samples: Letter Agreement (Red Hat Inc), Letter Agreement (Ezcorp Inc), Letter Agreement (Ezcorp Inc)

Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s 's status as issuer of the Shares under applicable securities laws.

Appears in 5 contracts

Samples: Letter Agreement (Wright Medical Group Inc), Healthways, Inc, Healthways, Inc

Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from CompanyCounterparty’s status as issuer of the Shares under applicable securities lawslaws as a result of the fact that Counterparty is the issuer of the Shares.

Appears in 5 contracts

Samples: Teradyne, Inc, Letter Agreement (DealerTrack Holdings, Inc.), Letter Agreement (DealerTrack Holdings, Inc.)

Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that (i) any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities lawslaws and (ii) any Shares delivered to Dealer may be “restricted securities” (as defined in Rule 144 under the Securities Act of 1933, as amended (the “Securities Act”)).

Appears in 4 contracts

Samples: Amneal Pharmaceuticals, Inc., Atlas Holdings, Inc., Impax Laboratories Inc

Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from CompanyIssuer’s status as issuer of the Shares under applicable securities laws.

Appears in 3 contracts

Samples: Letter Agreement (Wright Medical Group Inc), Letter Agreement (Wright Medical Group Inc), Wright Medical Group N.V.

Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws.upon

Appears in 3 contracts

Samples: Warrant Amendment Agreement (Kbr, Inc.), Warrant Amendment Agreement (Kbr, Inc.), Warrant Amendment Agreement (Kbr, Inc.)

Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws, except as described in Section 9(n) hereof.

Appears in 3 contracts

Samples: Letter Agreement (Akamai Technologies Inc), Letter Agreement (Akamai Technologies Inc), Letter Agreement (Akamai Technologies Inc)

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Representation and Agreement. Notwithstanding anything to the contrary in the Equity Definitions (including, but not limited to, Section 9.11 of the Equity Definitionsthereof), the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws.

Appears in 2 contracts

Samples: World Kinect Corp, Insight Enterprises Inc

Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from CompanyCounterparty’s status as issuer of the Shares under applicable securities laws.

Appears in 1 contract

Samples: Mitek Systems Inc

Representation and Agreement. Notwithstanding anything to the contrary in the Equity Definitions (including, but not limited to, Section 9.11 of the Equity Definitionsthereof), the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as the issuer of the Shares under applicable securities laws.

Appears in 1 contract

Samples: Realogy Group LLC

Representation and Agreement. Notwithstanding Section 9.11 of the Equity Definitions, the parties acknowledge that any Shares delivered to Dealer may be, upon delivery, subject to restrictions and limitations arising from Company’s status as issuer of the Shares under applicable securities laws, except as described in Section ý9(n) hereof.

Appears in 1 contract

Samples: Akamai Technologies Inc

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